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(영문) 부산지방법원 2019.01.24 2016가단330565
주위토지통행권 존재 확인
Text

1. In the case of the Defendant (Counterclaim), the Defendant (Counterclaim) indicated in the attached Form 1, indicated in the attached Form 2, 3, 19, 18, 20, 21, 22, 23, 24, 11, 17, 16, 15, of the land indicated in the attached Form 1.

Reasons

1. Facts of recognition;

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) owned 2,775/11,610 shares of 2,775/11,610 (=925/3,870) among 387 square meters (hereinafter “C land”) in Seocho-gu, Busan (hereinafter “C”) from May 1, 1995; and ② from May 1, 1995, one of the five buildings located on the above land, cement block structure, straw-projected one-story housing, 30.74 square meters, one of the five buildings located on the above land, from May 10, 1993.

B. The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) owned from September 9, 2001 the land indicated in attached Table 1 (hereinafter “D land”) adjacent to the land C.

C. C The following forests are surrounding D land in the form of “A”, and both lands are adjacent to the Busan East-gu E-ro, Busan, a Busan, which contributed to the left-hand side (the left-hand side in the forest) and is adjacent to the road of 218 square meters (the “Fdo” in the forest; hereinafter “instant road”).

C On the ground of the land, in the order close to the road of this case, the building located in the order of the Busan Dong-gu Busan Metropolitan City, Busan Metropolitan City, C, and the road name address of the building under Article 3-3-3 (hereinafter referred to as the "G building") in the Busan Dong-gu, Busan Metropolitan City, and the road name address of the building under Article 3-3 (1) of the C

(A) No. 3-1) and I-dong-gu Busan Metropolitan City, Busan Metropolitan City, where the building (the evidence No. 3-2) is located (the two buildings are deemed to constitute one house, and they are referred to as "I-O-O-O-O-O-O").

After this building, the plaintiff was located in the above paragraph (1) (2) of the above paragraph, which is a single-story building owned by the plaintiff, and the manufacturing markingM building in the Busan Dong-gu, Busan Metropolitan City (Evidence 1-2 of the Evidence 1-2 of the above paragraph), but the plaintiff removed this multi-story housing building from around 2015 to 2016, and newly constructed a new building on the site without obtaining a construction permit.

(No distinction between the building before removal and the newly built building on the convenience, and hereinafter referred to as the "Plaintiff building").

C Of land, the site of “G building site” and “I building site” and the site of “I building site” and “I building site.”

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